This week in Ontario: Initial court hearings against Barrick mark the first time a case is held against the gold mining giant in Canadian courts for alleged human rights violations abroad. Learn more: https://lnkd.in/dhdjW6yH
This week, I attended a pivotal court hearing in Toronto with my colleague Michael Elliot that could shape corporate accountability in Canada. The case involves Barrick Gold, a Canadian mining giant headquartered in Toronto and listed on the Toronto Stock Exchange, which is seeking to dismiss legal proceedings in Canada for alleged human rights violations at its North Mara Gold mine in Tanzania. Barrick argues the case should be heard in Tanzania, citing the doctrine of forum non conveniens. The lawyers for the Tanzanian plaintiffs contend that the chance of impoverished Tanzanians having a fair hearing in Tanzania against a well resourced Canadian company are far lower (if not impossible), due in part to the lack of legal aid, limited disclosure and the absence of robust public interest litigation. At Rights and Accountability in Development (RAID), we’ve published multiple reports raising serious concerns about human rights abuses involving Tanzanian police engaged by Barrick to provide security at the North Mara mine. This case is pivotal—not just for those affected by the abuses around the mine, but for how Canadian companies are held accountable for their operations overseas. We hope this case will significantly advance the law governing access to judicial remedy for communities affected by Canadian mining operations abroad, ensuring that victims have a clear path to justice. The outcome will build on precedents set by landmark cases such as NevSun, Tahoe, and HudBay, which have already signalled a shift in how Canadian courts address corporate responsibility for actions abroad. How the Ontario court applies these precedents remains to be seen, but this decision could play a crucial role in determining the direction of corporate accountability and human rights law in Canada. We will be watching it closely! #CorporateAccountability #HumanRights #AccessToJustice #Canada #GlobalJustice